Domestic Violence, Crime And Victims Act 2004
- Year: 2004
- Full text available: Here
Section 5 of this Act creates a new offence of failing to protect a child or vulnerable adult.
A person is guilty of an offence if a child or vulnerable adult dies as a result of the unlawful act of a person who was a member of the same household and had frequent contact with him. There has to be a significant risk of serious physical harm being caused to the child or vulnerable adult, and either the Defendant is the person who caused the child/vulnerable adult’s death or D was or ought to have been aware of the risk, failed to take reasonable protective steps and the act occurred in circumstances that the Defendant ought to have foreseen.
Section 32 states that the Secretary of State must issue a code of practice as to the services to be provided to a victim of criminal conduct by persons, who appear to him to have functions relating to –
- victims of criminal conduct
- any aspect of the criminal justice system
Under section 32(6) it is immaterial that no person has been charged with or convicted or an offence in respect of the conduct.
Section 34 states that a person who fails to perform a duty imposed on him by a code issued under this section, does not become liable to criminal or civil proceedings.
Section 35 to 45 deal with the victim’s right to make representations and receive detailed information about the whereabouts of a sexual or violent offender or a person under a hospital order.
Section 48 states that the Secretary of State must appoint a Commissioner for Victims and Witnesses to promote the interests of victims and witnesses, encourage good practice and keep under review the Code of Practice issued under Section 32.
Section 53 states that the Commissioner has remit for the authorities specified in Schedule 9. These include a number of government departments, the police, the CICA and the Legal Services Commission.
Section 57 inserts a new Section 7A into the Criminal Injuries Compensation Act 1995. This allows the Secretary of State to make regulations for the recovery from convicted criminals of an amount equal to all or part of the compensation paid in respect of a criminal injury. The new sections 7A, 7B, 7C, 7D set out the principles on which recovery is made.
